Entrench Property Rights in the Charter of Rights and Freedoms

On February 24, federal MP Scott Reid and Ontario MPP Randy Hillier held a joint press conference to promote the protection of a basic human right: the right to property. The two politicians will be introducing resolutions in their respective legislatures which would entrench constitutional protection to property rights in Ontario – and hopefully spark a move to enact similar protection in the rest of Canada as well.

Here is the press conference,

Here is the CCF’s video announcing the Jaworski’s legal win in their fight to hold the Liberty Summer Seminar on their property,

Comments

Hi Stephen,
The Wildrose in Alberta is making it a cornerstone of our platform to entrench property rights in our own Bill of Rights and initiate similar reforms to the CCR&F. Our entire property rights policy can be seen here: http://bit.ly/gJbc2C
Nice to see Scott Reid and Randy Hillier doing the same in Ontario.

http://twitter.com/BrockWHarrison Brock W. Harrison

Hi Stephen,
The Wildrose in Alberta is making it a cornerstone of our platform to entrench property rights in our own Bill of Rights and initiate similar reforms to the CCR&F. Our entire property rights policy can be seen here: http://bit.ly/gJbc2C
Nice to see Scott Reid and Randy Hillier doing the same in Ontario.

Mthielen

If I have the right to kill an unborn child, why can’t I have the right to own my land, gun, or other property.

Mthielen

If I have the right to kill an unborn child, why can’t I have the right to own my land, gun, or other property.

Liz J

Get rid of the freaking Charter, it interferes in our democracy, the unelected judiciary get to make the decisions.

Anonymous

We all know that nobody’s going to grant absolute property rights. Government control of mineral rights and “air”rights will always be there, and as most city-dwellers know, municipal government will always up in your face with zoning and building codes and so on.

But I also approve of some level of planning for management of growth. (no surprise there, right?) I like the fact that the Green Belt preserves farm-able land and some significant natural areas within a short drive of Canada’s largest city. Otherwise pressure from developer $$$ would ultimately result in the paving and development of every square inch of land between Kitchener and Oshawa, and north past Aurora. I also like the fact that the City of Toronto finally expropriated some otherwise unused (and unusable) shoreline in Mimico from some incalcitrant owners, for the continuation of the Waterfront Trail. The public (well those who like and use parks) benefited there.

But I also agree that there have been some heavy-handedness in provincial and municipal land use, and inappropriate application of laws. (occasionally including the siting of wind generators. There I said it)

I am sympathetic to the plight of the Jaworsli’s, and I’m glad the courts came down on the correct side of this. But ponder this – would people be as happy with the ruling if the annual gathering wasn’t for 72 students, but 72 bikers? Also, when you start cooking for a ton of people, and charging money for it, it’s no longer just a private cookout; health and safety standards apply, same as any public function, whether on public or private land.

There probably should be some mention of property rights in the Charter, somewhere. Hard to say what form it will take.

batb

Right on, Liz. Let’s just rewind to BT, Before Trudeau, and get our Common Law Judiciary back, not to mention our British heritage and culture which has been trashed ever since the Trudeaupian Age. Canadians were much freer back then than now, even with our so-called “Rights,” our so-called “Freedoms,” and our so-called “Human Rights Commissions,” yada, yada, yada.

Rights (sic), Freedoms (sic), Human Rights Commissions (sic) are industries in which Leftards get tenure and proceed to torture anyone who’s not of their mind-bent. They’re twisted, all right — or, should I say, all Left?

batb

kenn2, credit where credit’s due: “There probably should be some mention of property rights in the Charter, somewhere.”

So, any ideas how to make sure this happens? Do you actually think that a Liberal government would ever concede this, seeing as it’s Liberal$ who took away property rights when they brought in the Charter?

Anonymous

If you’d read Stephen’s link, you’ll have read about how the Trudeau government initially had it in, then it got watered out and and finally disappeared due to the provinces (some with PC governments) and the federal NDP. The same differences of opinion still exist.

it’s Liberal$ who took away property rights when they brought in the Charter

We lost not one molecule of property rights when the Charter came out. Why must you fabricate stuff to blame on Liberals?

batb

Hey, under their watch.

Did the Lib$ try anything to try to get property rights back in?

‘Didn’t think so.

batb

Hey, under their watch.

Did the Lib$ try anything to try to get property rights back in?

‘Didn’t think so.

Liz J

The Trudeau Charter giveth rights and taketh rights away at the behest/interpretation of the Judiciary. Under the Charter some are more equal than others. It gives those elected to govern a cop-out, to pass tough decisions on to unelected Judges for their interpretation and they fly with those decisions. It’s called political cowardice and hardly democratic.

Anonymous

Incredible. You’re both certifiable.

batb

Uh huh.

And your excuse?

Liz J

Thanks Ken, I’ll take that as a compliment.

batb

The Liberal$ were in power for 13 years, with a majority, and they did nothing in all that time to reinstate property rights to Canadians. That worked for them. In fact, most of what the Liberal$ did while they were in power worked for them: AdSCAM, downloading health costs onto the provinces, raiding the EI fund to boast about unprecedented surpluses, trust, aka, slush funds that couldn’t be audited by the Auditor General, etc., etc., etc.

With a majority government, they could have enacted legislation to benefit all Canadians. What did they do instead? They rammed the same-sex union bill through Parliament, taxed one-income families to the max, opened Canada to unprecedented (and often unsavory — terrorists and drug thugs) numbers of immigrants using “the family integration program,” and gave NAC/SOW their head — and plenty of hard-working Canadians’ do-re-mi. You’ll notice that now that government funds have dried up, the “official” feminists are nowhere to be seen. Without something — that is, a lot — in it for them, their altruism dries up.

Anonymous

Its one thing for Gov’t. to exproprate private property, or trample proerty rights (eminint domain) in the U.S. , but the Liberal Gov’t of McGinty does it without financial payment for the property – for example the “green belt” around Toronto was decreed but no payment rendered for the substantial financial losses. The Provincial Natural Resources Dept. can freeze your land, stop development or any activity such as cutting a tree, all without payment for financial loss.

http://www.willowpond.ca P.M. Jaworski

Yes, they did. In 1983, Pierre Trudeau said, in the House, that if the Conservatives were to introduce a motion to amend the Charter to include property rights they would pass it in 24 hours.

http://www.willowpond.ca P.M. Jaworski

What does “absolute property rights” have to do with this proposed amendment?

The amendment insists only on full, just, and timely compensation for expropriation. It does not say that the government cannot expropriate. It does not say that the government cannot regulate. It does not say anything that you apparently think it says.

Read the proposed amendment, please. It’s like 200 words long….

batb

So, two questions: Why didn’t the Conservatives introduce a motion to amend the Charter to include property rights and, perhaps more to the point, why didn’t the Liberal$ include them in the first place or introduce a motion to include them, themselves?

Anonymous

The Liberal$ were in power for 13 years, with a majority, and they did nothing in all that time to reinstate property rights to Canadians.

What is this reinstate crap? Nobody, Liberals included, has taken away your property rights.

The wind was a bit chilly today. IS that the fault of the Liberals also?

Anonymous

What does “absolute property rights” have to do with this proposed amendment?

I was merely pointing out that absolute property rights don’t exist. There will always be exceptions and shadings, depending on the extent a property is subject to provincial and municipal zoning and bylaws. Enshrining property rights in a charter of rights will be peppered with ifs and unless’s and notwithstandings and excepts.

Read the proposed amendment, please.

Re-read my post. I’m not necessarily opposed to such an amendment.

Unlike other commentators here, I know that a strong and unelected judiciary is an important part of our system, and are capable of making the right call when other government branches have erred.

It will be interesting to see how the provincial proposal goes.

Anonymous

Land speculators were the losers, and I won’t shed one tear there. That was the point – to put the brakes on the development pressures that were gobbling up farmable and recreational lands. Without a limit on development, your grandkids would need to go about 4 hours north of Lake Ontario to see what a farm looks like.

The Provincial Natural Resources Dept. can freeze your land, stop development or any activity such as cutting a tree, all without payment for financial loss.

Damn straight, if you’re going against zoning, or breaking laws.

Anonymous

Land speculators were the losers, and I won’t shed one tear there. That was the point – to put the brakes on the development pressures that were gobbling up farmable and recreational lands. Without a limit on development, your grandkids would need to go about 4 hours north of Lake Ontario to see what a farm looks like.

The Provincial Natural Resources Dept. can freeze your land, stop development or any activity such as cutting a tree, all without payment for financial loss.

Damn straight, if you’re going against zoning, or breaking laws.

Anonymous

and, perhaps more to the point, why didn’t the Liberal$ include them in the first place?

They did, Einstein, and other parties (including Conservative provinces) wouldn’t agree to them.